UPDATED: Mistrial declared in trial of Rochester man charged in 2019 murder
Dec. 9—A mistrial was declared Wednesday afternoon following approximately 18 hours of deliberation in the case of a Rochester man charged with murder in the 2019 death of a 28-year-old man.
In a note from the jury foreperson, the jury told Olmsted District Court Judge Lisa Hayne that the 12 men and women had been at an impasse since Tuesday evening and remained at an impasse after deliberating all of Wednesday. Hayne declared a mistrial, stating that she trusted the jurors did everything they could to try and come to an agreement.
Muhidin Abukar was ordered held Wednesday on all previous conditions — including $10 million unconditional bail — pending the next trial. He is charged with aiding and abetting second-degree murder in the death of 28-year-old Garad Hassan Roble.
In court, Olmsted County Attorney Mark Ostrem told Hayne that it was the county's intention to retry the case. Following the dismissal of the jury, Ostrem said he was satisfied with how the case went to the jury and said that he and Assistant Olmsted County Attorney Andrew LeTourneau would likely present a similar case when it was retried.
"We knew it was going to be a difficult case," Ostrem said. "We thought we presented it well and obviously, it was just a real difficult decision for the jurors to make."
Paul Applebaum, one of the attorneys representing Abukar, said in an emailed statement that "Mr. Abukar is disappointed that the jury was unable to reach a verdict that would return him to his wife and child, but is eager to get back into court to clear his name."
TRAIL COVERAGE:
—
Jury deliberations begin in trial of Rochester man charged in 2019 murder
—
FBI special agent, Garad Roble's mother testify in Abukar murder trial
—
Witness testifies Rochester man had asked if he would be killed just hours before his body was found
—
Medical examiner testifies during third day of trial for Rochester man charged with murder
—
Witnesses take stand in Rochester murder trial
—
Opening statements begin for Rochester man charged in March 2019 murder
Jury deliberations began about 11 a.m. Tuesday following closing remarks and continued until about 9:30 p.m. after Hayne received a note from the jury foreperson that the jurors were tired and wanted to end deliberations for the evening.
About 9:15 a.m. Wednesday, jurors passed a note to a court bailiff saying they had a question. Brought into the courtroom a short time later, jurors asked about exhibit 65 — a simplified timeline of calls and messages on Abukar's phone collected by authorities. The exhibit was introduced through the testimony of Olmsted County Sheriff's detective Dan Johnson.
Jurors asked two questions: If the report had been submitted as a fair and accurate record, which Hayne confirmed that it was, and for a definition of Coordinated Universal Time, or UTC. No definition was given to the jurors and they were instructed to rely on their memory or notes to help with the definition and reminded that they could use all the exhibits together to help them answer the question.
Just before 11:30 a.m., jurors once again returned to the courtroom, this time with a request to again watch surveillance footage from Meadow Park Apartments from the night of March 4. The video shows Abukar, Roble and a third man in the stairwell of the building, going up and down the stairs. At one point, Abukar is seen falling down a set of stairs and requiring assistance from the two men to get back up.
A screenshot of the video also was shown to jurors during Applebaum's closing. Applebaum used it to show jurors what he said was a different color phone than the one sheriff's deputies took from Abukar days after Roble's body was discovered. Ostrem countered that the color difference was not a new phone, but rather an illuminated screen.
Trial timeline
Jury selection began Nov. 29 and 15 people — four men and 11 women — were seated as jurors to hear the case. Twelve deliberated — four men and eight women.
Through the case, jurors learned that Roble was found dead by a passing motorist about 3:45 a.m. March 5, 2019, on 45th Street Southeast, between St. Bridget Road Southeast (County Road 20) and Simpson Road (County Road 1). He had been shot 11 times — including four times in the head and three times in each arm.
The most serious wound was to Roble's back, where a shot entered his body, went through his right lung, through his heart and came out the left side of his chest, testified Dr. Peter Lin, who at the time was the assistant Chief Medical Examiner at the Southern Minnesota Regional Medical Examiner's Office at Mayo Clinic.
Jurors heard from more than 30 witnesses, including forensic scientists and special agents with the Minnesota Bureau of Criminal Apprehension, a special agent with the FBI and members of the Olmsted County Sheriff's Office. Abukar did not testify.
Ostrem and LeTourneau presented a large amount of cell phone data as evidence, tracking the movement of Abukar, Roble and a third man, Ayub Abucar Hagi Iman, on the late night hours of March 4 and early morning hours of March 5, 2019. Iman is charged with second-degree murder in connection with Roble's death. His trial is scheduled for February.
Abukar's attorneys Applebaum and Kenneth Udoibok argued that prosecutors could not show who actually had the phones that night and therefore, could not prove Abukar was there.
"Heaven help us," Applebaum said, if cell phone extraction software "is going to convict people of murder."
